Termination of Construction and Design Contracts

Termination of Construction and Design Contracts
Author: Michael T. Callahan
Publisher: Wolters Kluwer
Total Pages: 526
Release: 2009-01-01
Genre: Law
ISBN: 0735581770

Construction and design contracts increasingly contain provisions giving one or both parties the power to terminate the contract. Given that contracts are not always clear on the interrelationship between the termination provisions and the law, this unique resource provides the insight and information you need to interpret contracts and enforce key clauses to your clientand’s advantage. Termination of Construction and Design Contracts enables you to handle even the most complicated terminations and suspensions. With this latest addition to Aspen Publishersand’ respected Construction Red Book Series, youand’ll be able to: Negotiate and draft appropriate termination clauses in project contracts Benefit from expert analysis of current case law Master the subtle differences between different types of termination and—and know when each applies Identify all the potential remedies for the terminated contractor whether justified or wrongful Understand and enforce the duty to mitigate Identify and apply the different immunities Accurately value the costs involved in termination Determine what constitutes default and the grounds for a default termination Define the contractorand’s, ownerand’s, and designerand’s right to suspend work Termination of Construction and Design Contracts provides complete and comprehensive analysis of all the issues surrounding contract termination and the suspension of construction and design projects. Covers the legal and practical details of termination from every partyand’s perspective: Public Owners Private Owners Contractors Subcontractors Sureties

Design and Construction Contracts

Design and Construction Contracts
Author: Daniel S. Hapke
Publisher:
Total Pages: 242
Release: 1987
Genre: Law
ISBN:

This work focuses on the rights of the owners of buildings under construction. Topics include the design agreement, the contract for general construction, and the construction management agreement. It is geared for use by attorneys and contains sample forms.

Construction Law

Construction Law
Author: Gail Kelley
Publisher: John Wiley & Sons
Total Pages: 324
Release: 2012-10-02
Genre: Law
ISBN: 1118229037

A clear, concise introduction to construction law for professionals Construction Law: An Introduction for Engineers, Architects, and Contractors offers a comprehensive review of the U.S. legal environment, focusing on the legal concepts and issues applicable to the design and construction industries. Topics covered include: Basic legal principles Project participants Project delivery systems Construction contracts The design process Procurement Pricing construction projects Subcontractors and suppliers Time for performance Construction scheduling Contract administration The payment process Changes to the work Differing site conditions Termination of the construction contract Mechanic's liens Construction insurance Surety bonds Liability for defective construction Calculations of damages The Economic Loss Doctrine Alternative dispute resolution This book serves as an excellent introduction to construction law for students as well as professionals in the construction industry.

The Construction Contracts Book

The Construction Contracts Book
Author: Daniel S. Brennan
Publisher: Forum
Total Pages: 382
Release: 2004
Genre: Law
ISBN:

This book offers a comparison of the forms of agreement from the AIA, AGC and EJCDC by providing: a guide to how they treat the most significant issues in owner/contractor/subcontractor and owner/design professional agreements; and proposed alternative language for situations where the form contract approach may not provide the best solution.

Alternative Clauses to Standard Construction Contracts

Alternative Clauses to Standard Construction Contracts
Author: James E. Stephenson
Publisher: Aspen Publishers
Total Pages: 616
Release: 1990
Genre: Law
ISBN:

This valuable reference, edited by one of the most respected names in construction law, presents the modifications and alternative clauses used by experienced attorneys in changing the most frequently discussed and controversial sections of the standard forms. In presenting selected alternative contract clauses to the AIA contracts, this book addresses the concerns of owners, developers, contractors, subcontractors and others who wish to supplement of modify the standard forms, and provides a complete rationale for each suggested modification. Attorneys for the various parties, on a variety of construction projects, can now easily shift project risks and liabilities to better project client interests by employing proven alternative clauses for contracts between owners and architects, and owners and contractors are included, and certain improvements to AIA's cost-plus construction contract forms are presented. the outstanding contributors to this work also address payment disputes that delay damage issues and other frequently contested and amended 'hot spots.' the most comprehensive sourcebook of its kind, Alternative Clauses to Standard Construction Contracts points up the benefits and limitations of each clause as seen from the standpoint of each party involved.

Construction Contract Variations

Construction Contract Variations
Author: Michael Sergeant
Publisher: CRC Press
Total Pages: 589
Release: 2014-05-23
Genre: Law
ISBN: 1317685156

Changes to the work on construction projects are a common cause of dispute. Such variations lead to thousands of claims in the UK every year and many more internationally. Liability for variations is not only relevant to claims for sums due for extra work but this is also an important underlying factor in many other construction disputes, such as delay, disruption, defects and project termination. This is the first book to deal exclusively with variations in construction contracts and provide the detailed and comprehensive coverage that it demands. Construction Contract Variations analyses the issues that arise in determining whether certain work is a variation, the contractor’s obligation to undertake such work as well as its right to be paid. It deals with the employer’s power to vary and the extent of its duties to approve changes. The book also analyses the role of the consultant in the process and the valuation of variations. It reviews these topics by reference to a range of construction contracts. This is an essential guide for practitioners and industry professionals who advise on these issues and have a role in managing, directing and compensating change. Participants in the construction industry will find this book an invaluable guide, as will specialists and students of construction law, project management and quantity surveying.

Smith, Currie & Hancock's Common Sense Construction Law

Smith, Currie & Hancock's Common Sense Construction Law
Author: Neal J. Sweeney
Publisher:
Total Pages: 472
Release: 1997-02-07
Genre: Law
ISBN:

When are you entitled to recover bid preparation costs? What is the design professional's liability to a contractor? When does a subcontractor have a legal right to terminate? Who may claim under a payment bond? Get the answers to these and all of your construction law questions—when you need them—in Smith, Currie & Hancock's Common Sense Construction Law. Growing out of the extremely popular national construction law seminars given by Smith, Currie & Hancock's construction law experts, this user-friendly reference equips construction professionals and the attorneys who counsel them with all of the crucial facts on: Bidding in the private and public sectors Contracts and contract changes The Uniform Commercial Code Responsibility of project architects and engineers Subcontracting, subcontract administration, and dispute avoidance Scheduling and delays Inspections and warranties Insurance, bonds, and termination Claims and disputes Environmental liability Bankruptcy And much more Filled with dozens of useful checklists, charts, and valuable sample forms, Smith, Currie & Hancock's Common Sense Construction Law gives you the practical help you need to make sure you've got your legal bases covered. In the construction industry—as in any type of business—knowledge is power. This is especially true when it comes to knowledge of the complex body of local, state, and federal laws and regulations that apply to virtually every aspect of the construction industry. Now Smith, Currie & Hancock's Common Sense Construction Law arms you with the legal knowledge and practical insight you need to survive and thrive in today's business climate. Written by the attorneys at Smith, Currie & Hancock, one of North America's leading law firms focusing on construction contracts, law, and disputes, this straightforward guide is pitched to address the practical concerns of construction professionals. Complete, self-contained, and easy to use, it provides contractors, subcontractors, owners, and designers, as well as the attorneys who advise them, with instant access to all of the crucial legal principles pertinent to every phase of a construction project—from bidding to completion. In plain English, the book defines all of the important legal terms and concepts, informs you of your rights and responsibilities under the law, tells you what you need to know to avoid common legal pitfalls, and offers valuable tips on how to take advantage of both well-known and not-so-well-known aspects of construction law. The book also provides you with a wide variety of useful checklists, charts, and sample forms that help you to avoid unwelcome legal surprises that can cripple a project or kill a business. Comprehensive and up to date, Smith, Currie & Hancock's Common Sense Construction Law is a peerless source of solid information and practical guidance for today's construction industry professional.